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NO ADULT,
GAMBLING OR ILLEGAL ACTIVITIES WEBSITES, (WHICH INCLUDES
BUT IS NOT LIMITED TO WAREZ, CRACKS, HACKING). WEBSITES
USING OUR SERVICE FOR THE DELIVERY OF SPAM OR PROMOTION
OF ILLEGAL, ADULT OR GAMBLING WILL BE TERMINATED WITHOUT
WARNING.
ALL PAYMENTS
ARE NON-REFUNDABLE
CERTAHOST is a Web hosting provider
providing the account holder (hereinafter called Customer)
a virtual private server environment on an Internet
server. User accounts on our Internet servers are
subject to compliance with the terms and conditions
set forth below.
This agreement represents the complete
agreement and understanding between CERTAHOST and
the Customer and supersedes any other written or oral
agreement. Upon notice published on its Website, CERTAHOST
may modify these terms and conditions, amplify them,
and/or modify the prices, as well as discontinue or
change services offered.
Under the terms of this agreement, your
placement of information on CERTAHOST's servers is
an acknowledgement that you have read and understood
this agreement, and that you agree to be bound by
the terms and conditions contained herein. If you
do not wish to be bound by these terms and conditions,
you should not proceed to place any information of
any kind on CERTAHOST's servers, and should notify
our support department so that we can close your account.
1. USER CONDUCT
CERTAHOST's services may only be according to the
law. Any use of these services which violates any
local, state, federal, or international laws which
may apply to CERTAHOST, your local jurisdiction, or
any jurisdiction that you or your site may be subject
to is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using the
Internet;
B. Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, offensive, indecent,
pornographic, profane, or otherwise objectionable
information of any kind, including without limitation
any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local,
state, federal or international law, including without
limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation
and anti-dilution laws;
C. Post, publish, transmit, reproduce or distribute
any information or software which contains a virus
or other harmful component; Post, publish, transmit,
reproduce, distribute or in any way exploit any information,
software, or other material obtained through the service
for commercial purposes (other than as expressly permitted
by the provider of such information, software, or
other material)
CERTAHOST reserves the right to remove any and all
materials which infringe on copyright work. Such materials
will be removed immediately upon receiving a complaint
and or notice of copyright infringement.
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
CERTAHOST from any and all liability, penalties, losses,
damages, costs, expenses, attorneys' fees, causes
of action or claims caused by or resulting indirectly
from your use of the service which damages either
you, CERTAHOST, or any other party or parties without
limitation or exception. This indemnification and
hold harmless agreement extends to all issues associated
with your account, including but not limited to domain
name selection and Website content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
CERTAHOST reserves the right to refuse or discontinue
service to anyone at CERTAHOST's sole discretion.
CERTAHOST may deny you access to all or part of the
service without notice if you engage in any conduct
or activities that CERTAHOST, in its sole discretion,
believes violates any of the terms and conditions
in this agreement. CERTAHOST shall have no responsibility
to notify any third-party providers of services, merchandise
or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification.
You agree that CERTAHOST has the right to monitor
the service electronically from time to time and to
disclose any information as necessary to satisfy the
law, or to protect itself or its subscribers. CERTAHOST
reserves the right to refuse to post or to remove
any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable,
or in violation of this agreement.
4. NO WARRANTIES
CERTAHOST makes no warranties or representations of
any kind for the services being offered. The service
is provided on an "as is" and "as available"
basis without warranties of any kind, either express
or implied, including but not limited to warranties
of title, noninfringement, or implied warranties of
merchantability or fitness for a particular purpose.
No advice or information given by CERTAHOST or its
agents or employees shall create a warranty. CERTAHOST
provides no warranty that the service will be uninterrupted
or error free or that any information, software or
other material accessible on the service is free from
viruses or other harmful components. Under no circumstances
shall CERTAHOST be liable for any direct, indirect,
special, punitive, or consequential damages that result
in any way from your use of or inability to use the
service, or for third parties' use of the service
to access your Webspace, or to access the Internet
or any part thereof, or your or any third parties'
reliance on or use of information, services, or merchandise
provided on or through the service, or that result
from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you
are dissatisfied with CERTAHOST service or any of
its terms, conditions, rules, policies, guidelines,
or practices, your sole and exclusive remedy is to
discontinue using the service.
You understand that by placing information on CERTAHOST's
servers that such information becomes available to
all Internet users and that CERTAHOST has no way of
limiting or restricting access to such information
or protecting such information from copyright infringement.
You assume total responsibility and risk for your
use of CERTAHOST's servers and the Internet. It is
solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice,
services and other information, and the quality and
merchantability of all merchandise provided through
CERTAHOST or on the Internet generally.
5. ECPA NOTICE
CERTAHOST reserves the right to monitor any and all
communications through or with our facilities. You
agree that CERTAHOST is not considered a "secure
communications medium" for the purposes of the
ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible
for use of this account, are at least 18 years of
age. You agree to supply CERTAHOST with a current
and truthful name, postal address and telephone number
for our records, and you have a continued obligation
to keep this information current. You also agree that
you are an authorized user of any credit card that
you supply to us and agree that we have an obligation
to fully investigate any possible fraudulent credit
card use.
7. NO INTERFERENCE WITH OPERATION OF
SYSTEM
You agree not to maliciously or intentionally interfere
with the proper operation of the system, including
but not limited to defeating identification procedures,
obtaining access beyond that which you are authorized
for, and impairing the availability, reliability,
or quality of service for other customers. You further
agree not to interfere with the proper operation of
other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to follow
the Acceptable Use Policy of any network or service
you connect to.
You agree to adhere to system policies as published
online by CERTAHOST, including restrictions on services
available with each account type, restrictions on
certain features, and all other policies designed
to protect and enhance the quality and reliability
of service at CERTAHOST. You agree to abide by any
and all future CERTAHOST policy decisions.
8. SECURITY
You agree that the security of your account is solely
your own responsibility. You further agree that if
you believe the security of your account has been
compromised in any way, you will notify CERTAHOST
immediately in writing by registered mail, with return
receipt, to CERTAHOST, 1704 4709 33 Street, Red Deer,
Alberta, Canada, T4N0N6. You shall be held fully responsible
for any misuse or compromise of your account for which
CERTAHOST is not properly notified. You agree not
to provide or share access to your account to any
third party, and that you are responsible for any
use of your account by any party to whom such access
has been provided. You agree that certain features
of your account (e.g., FrontPage webs, additional
FTP logins) which may be used to provide shared access
to your account are not to be used to resell services
to third parties, and that you are responsible for
the actions of any party which utilizes those features.
You agree that if any security violations are believed
to have occurred in association with your account,
CERTAHOST has the right to suspend access to the account
pending an investigation and resolution. You also
agree that CERTAHOST has the right to cooperate in
any government or legal investigation regarding any
aspect of our services, including services sold to
you. Any use of our system to engage in software piracy
or other violations of law will result in account
suspension and will be immediately reported to the
appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. CERTAHOST
is not responsible for files and data residing on
your account. You agree to take full responsibility
for files and data transferred and to maintain all
appropriate backup of files and data stored on CERTAHOST
servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited
advertising or other harassing or illegal materials
through electronic mail, Usenet postings, or other
Internet media. The use of CERTAHOST or any other
service with reference to services obtained through
CERTAHOST, for unsolicited mass mailings, postings,
or other activities considered an annoyance to others,
commonly referred to as "spamming" is strictly
prohibited and may cause your services to be terminated
immediately and without warning, and you will be held
fully responsible for any damages to you, CERTAHOST,
or any other party or parties resulting from any such
conduct.
11. PAYMENT
You agree to supply appropriate payment for the services
received from CERTAHOST, in advance of the time period
during which such services are provided. You agree
that all setup fees are non-refundable once setup
is completed. You agree that until and unless you
notify CERTAHOST of your desire to cancel any or all
services received, those services will be billed on
a recurring basis. You agree that if you are paying
by credit card, prepayments will be billed and charged
automatically, and that CERTAHOST may apply the amount
due to the provided card at any time.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic,
or oral communication you may have had with CERTAHOST
or any agent or representative thereof, and constitutes
the complete and total agreement between the parties.
13. SEVERABILITY
If any provision of this agreement is determined to
be invalid or unenforceable, all other provisions
shall remain in full force and effect and said provision
shall be reformed only to the extent necessary to
make it enforceable.
14. APPLICABLE LAW, JURISDICTION, AND
SERVICE
This agreement shall be governed by the applicable
laws of Alberta and Canada. Customer agrees that all
services provided by CERTAHOST shall be deemed to
have been requested and provided in the city of Red
Deer, Province of Alberta. Customer further agrees
that the Court of Queen's Bench in the province of
Alberta, shall have personal jurisdiction over Customer
and exclusive subject matter jurisdiction over any
and all controversies or claims arising from or relating
to this agreement or the services provided by CERTAHOST.
Customer agrees to accept service of process related
to this agreement by ordinary mail, postage prepaid,
to the most recent address provided by Customer.
15. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information
on CERTAHOST's servers, you are stating and acknowledging
that you have read the aforementioned terms and conditions
and that you understand they.
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